Introduction
The EB-2 National Interest Waiver (NIW) is an employment-based immigrant visa category that allows certain professionals to obtain a U.S. green card without requiring employer sponsorship or a permanent job offer. Unlike other employment-based visas, the NIW permits applicants to self-petition if they can demonstrate that their work is in the national interest of the United States.
This pathway is especially attractive for individuals whose contributions extend beyond a single employer and provide substantial benefit to the country at large. Researchers, entrepreneurs, medical professionals, academics, and other highly skilled workers often pursue the NIW because of its flexibility and independence.
Who is eligible?
The EB-2 NIW is open to individuals who qualify for the EB-2 category and who can show that a waiver of the job offer and labor certification process is justified because their work is in the national interest. Applicants generally fall into two main groups:
Professionals holding an advanced degree (master’s or higher, or a bachelor’s degree plus at least five years of progressive experience).
Individuals with exceptional ability in the sciences, arts, or business, meaning a level of expertise significantly above that ordinarily encountered in their field.
Unlike other EB-2 applicants, NIW candidates do not need employer sponsorship if they can prove that their work has substantial merit and national importance.
Pros
Ability to self-petition without employer sponsorship.
No requirement for a permanent job offer or labor certification.
Provides a pathway to permanent residency (green card).
Flexible for entrepreneurs, independent researchers, and professionals with nontraditional career paths.
Recognizes both advanced degree professionals and individuals with exceptional ability.
Cons
Requires strong evidence to prove that the applicant’s work benefits the U.S. national interest.
The standard of proof is demanding, and the decision to grant the visa is subject to significant subjectivity.
The process can be lengthy and evidence-intensive.
All countries face a backlog in visa availability, and for applicants from China or India the wait can be particularly extensive (see point 7: Processing Times).
General requirements
EB-2 eligibility
You must first qualify under the EB-2 category—either by holding an advanced degree, a bachelor’s degree plus five years of progressive experience, or by proving exceptional ability in your field.
National Interest Waiver test
Beyond EB-2 eligibility, you must show that your proposed work (we call it the endeavor) has substantial merit and national importance, that you are well positioned to advance it, and that the U.S. would benefit from waiving the labor certification requirement.
Intent to continue working in your field
You need to demonstrate that you plan to pursue your area of expertise in the United States. This does not require a specific job offer—it can be through a startup, consulting, research, or other professional activities.
Self-petition option
Unlike other employment-based visas, the NIW allows you to apply without an employer sponsor. This makes it a strong option for entrepreneurs, researchers, and professionals with independent projects.
Comprehensive documentation
Strong supporting evidence is essential. Your petition should include academic records, recommendation letters, publications, proof of achievements, and a clear narrative showing how your work benefits the United States.
Specific requirements
These are the key general requirements that applicants must satisfy in order to qualify for the EB-2 NIW.
EB-2 eligibility — You must first qualify under the EB-2 category through one of the following:
Advanced Degree: Holding a U.S. master’s degree or higher (or a foreign equivalent). In this case, you only need to provide official academic records.
Bachelor’s Degree + 5 Years of Experience: Holding a U.S. bachelor’s degree (or a foreign equivalent) together with at least five years of progressive, post-bachelor experience in the same field. The professional experience must be the same or closely related specialty to the degree. Documentation should include official academic records, an equivalency evaluation if the degree is foreign, and letters from employers verifying the five years of progressive experience.
Exceptional Ability: If you do not meet the degree-based requirements, you can still qualify by proving exceptional ability in the sciences, arts, or business.
What is it
Evidence that the applicant has a degree of expertise significantly above that ordinarily encountered in their field.
Applicants must meet at least three of the following criteria:
Official academic record.
Letters showing at least ten years of full-time experience in the occupation.
License or certification to practice in the profession.
Evidence of a high salary or remuneration indicating exceptional ability.
Membership in professional associations.
Recognition for achievements and significant contributions by peers, government entities, or professional organizations.
Other comparable evidence.
National Interest Waiver (NIW) eligibility — Once EB-2 eligibility is established, you must also demonstrate that a waiver of the job offer and labor certification is justified. Under the Matter of Dhanasar framework, this requires proving:
You have an endeavor that has substantial merit and national importance. That means it must have significant potential to benefit the U.S. economy, healthcare, education, technology, culture, or other areas of national interest.
Well-positioned to advance the endeavor: The applicant must demonstrate a track record of success, skills, or plans that show they are capable of advancing their proposed field of work.
Beneficial to waive the labor certification: The applicant must prove that, on balance, it is beneficial to the U.S. to waive the usual job offer and labor certification requirement.
Let’s explain the national interest waiver criteria one by one.
Your proposed endeavor has substantial merit and national importance
(1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. If these three elements are satisfied, USCIS may approve the national interest waiver as a matter of discretion.9
The first prong, substantial merit and national importance, focuses on the specific endeavor that the foreign national proposes to undertake. The endeavor’s merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. Evidence that the endeavor has the potential to create a significant economic impact may be favorable but is not required, as an endeavor’s merit may be established without immediate or quantifiable economic impact. For example, endeavors related to research, pure science, and the furtherance of human knowledge may qualify, whether or not the potential accomplishments in those fields are likely to translate into economic benefits for the United States.
In determining whether the proposed endeavor has national importance, we consider its potential prospective impact. An undertaking may have national importance for example, because it has national or even global implications within a particular field, such as those resulting from certain improved manufacturing processes or medical advances. But we do not evaluate prospective impact solely in geographic terms. Instead, we look for broader implications. Even ventures and undertakings that have as their focus one geographic area of the United States may properly be considered to have national importance.
The Endeavor
In an EB-2 NIW petition, the endeavor is essentially your professional plan for the United States. It is the description of what you intend to work on, develop, or contribute once you obtain permanent residency. USCIS evaluates not just your past achievements but also your forward-looking project: what you plan to do, why it matters, and how it connects to U.S. national priorities. A strong endeavor statement goes beyond listing your skills or current role—it frames your future contributions as part of a larger mission that benefits the country as a whole.
This means your endeavor should read like a work plan or roadmap. You need to explain the goals of your project, the specific activities you will undertake, and the expected outcomes. For example, an applicant might outline plans to conduct research in renewable energy technologies, expand a healthcare initiative to underserved populations, or scale a startup that creates high-value jobs in a critical sector.
The substantial merit
Matter of DHANASAR, page 889: “The endeavor’s merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. Evidence that the endeavor has the potential to create a significant economic impact may be favorable but is not required, as an endeavor’s merit may be established without immediate or quantifiable economic impact. For example, endeavors related to research, pure science, and the furtherance of human knowledge may qualify, whether or not the potential accomplishments in those fields are likely to translate into economic benefits for the United States.”
The national importance
Even if the immediate impact starts at a local or institutional level, USCIS wants to see clear potential for broader national significance—whether through economic growth, public health improvements, scientific innovation, or cultural contributions. The endeavor should demonstrate vision, scalability, and alignment with U.S. interests, supported by concrete evidence such as publications, partnerships, funding, or expert endorsements.
Matter of DHANASAR, page 889 “An undertaking may have national importance for example, because it has national or even global implications within a particular field, such as those resulting from certain improved manufacturing processes or medical advances.”
The endeavor is the core of your NIW petition. If this fails, your petition will too. USCIS wants to see that your proposed work has clear value and impact, not only in your field but also for the United States at a national level. Localized or narrowly focused projects usually don’t pass this test unless you can connect them to broader benefits.
Documentation you need
Governments reports or states showing what is the national interest.
U.S. Government Strategy Documents and Policy Plans
Federal Funding Announcements and Grants
Congressional or White House Reports
State or Regional Economic Development Plans' U.S. Agency Press Releases or Public Statements
U.S. Agency Press Releases or Public Statements
Policy or Initiative Databases
USCIS may push back if:
Localized focus: Your endeavor is framed as benefiting only one company, city, or small community (e.g., “helping a local hospital” instead of “improving access to healthcare in rural America”).
Commercial benefit only: USCIS views your endeavor as mainly generating private profit rather than serving a public interest.
Speculative or unclear: The endeavor’s description is vague (“I want to start a tech company”) without clear explanation of national-level impact.
Not aligned with national priorities: USCIS does not see a clear link between your work and recognized U.S. interests (e.g., economic growth, competitiveness, innovation, or societal wellbeing).
Lack of evidence: Claims about the importance of your endeavor are not backed by data, research, or credible expert testimony.
How to overcome that:
Use third-party letters from experts explaining the national value of your contributions.
Frame the endeavor in national terms — explain how your work solves a challenge or contributes to an area the U.S. considers critical (public health, innovation, energy, national competitiveness, education, etc.).
Provide evidence of broad impact: statistics, research, reports, and expert letters that show your endeavor’s relevance at a regional or national level.
Show scalability or replicability: even if you start local, explain how the model can be expanded to impact other states or the country.
Use independent experts (not just supervisors or business partners) to explain why the endeavor has importance beyond your immediate circle.
Connect your work to existing U.S. policy priorities (e.g., Department of Energy, NIH, NSF, Department of Commerce reports).
Examples
Developing AI-based medical diagnostics that improve early disease detection nationwide
Creating cybersecurity frameworks to protect critical U.S. infrastructure
Advancing clean energy technologies such as solar efficiency or carbon capture
Research in quantum computing or semiconductor innovation that strengthens U.S. competitiveness
Conducting research on cancer treatments or other major public health challenges
Expanding access to telemedicine for underserved rural communities in the U.S.
Developing public health strategies for epidemic or pandemic response
Innovating in medical device design that improves patient care nationwide
Building startups that create high-value jobs and foster innovation in key sectors (biotech, fintech, clean tech)
Developing technologies to support sustainable agriculture and food security
Publishing influential work that contributes to U.S. leadership in science and engineering
Contributions in architecture or urban planning that address housing or sustainability challenges
The key is not just the topic itself, but framing it as having substantial merit and national importance — connecting the endeavor to U.S. priorities like innovation, competitiveness, public health, economic growth, energy, or education.
If you are not ready yet:
Start projects or research that tackle issues of broader significance (healthcare access, renewable energy, innovation, education, etc.).
Publish articles, policy papers, or thought pieces that connect your work to national priorities.
Look for ways to scale your impact beyond a local community—pilot programs are fine, but aim to show potential for replication across the U.S.
Participate in conferences or forums that highlight national-level challenges.
You are well positioned to advance that endeavor
The applicant
Here USCIS evaluates you, not just the idea. They want evidence that you personally have the skills, track record, and resources to make this endeavor succeed.
Track record of success
Your past achievements that show you’ve already had an impact (publications, patents, grants, leadership roles, awards).
Credentials
Your academic and professional qualifications (degrees, licenses, certifications, specialized training).
Evidence of the advancement of the endeavor
Proof that your proposed plan isn’t just an idea but is already in motion. This could be contracts, an active company, ongoing research projects, or letters of intent (LOIs) from partners/collaborators.
Documentation you need
Detailed personal statement describing the endeavor and its broader importance.
Data showing economic, scientific, healthcare, cultural, or societal impact.
Contracts, grants, or other funding linked to the project.
CV/resume showing relevant education, experience, and achievements.
Evidence of past success: publications, citations, patents, leadership roles, awards.
Letters of recommendation from independent experts confirming your ability to advance the endeavor.
Letters of recommendation from experts confirming the impact of your work to the national interest.
USCIS may push back if:
The impact of your work is applicable only to your employer.
Your role in past achievements is unclear.
Recommendation letters are vague or only from close colleagues.
There’s no proof you can carry the endeavor forward in the U.S.
How to overcome that:
Provide clear evidence of your personal contributions to past successes.
Secure strong, detailed recommendation letters from recognized, independent experts.
Show concrete plans or resources already in place that will help you advance the endeavor.
If you are not ready yet:
Strengthen your track record by completing publications, securing patents, or obtaining grants.
Gain leadership roles in projects or organizations related to your field.
Build collaborations with U.S. institutions, universities, or companies to show access to resources.
Gather independent recommendation letters from credible experts outside your immediate workplace.
On balance, the United States would benefit from waiving the usual job offer and labor certification requirements
Beneficial to the U.S.
This is known as the balancing test. In this step, USCIS evaluates whether bypassing the standard labor certification process is justified because the applicant’s contributions are so valuable that requiring a job offer would slow down their impact on the national interest.
When performing this assessment, USCIS considers several factors:
1. Would going through the labor certification process be impractical?
For example:
The person is an entrepreneur or founder planning to create jobs rather than fill one.
Their expertise is so specialized that it cannot be easily described in a standard job posting.
The field evolves rapidly (e.g., AI, clean tech, national security), and the labor certification process would delay critical work.
2. Would the U.S. still benefit even if qualified U.S. workers are available?
Even when other capable professionals exist, the applicant may bring a unique perspective, innovation, or global connection that advances U.S. interests beyond what others could offer.
Example: A renewable energy expert leading technology transfer from Europe to U.S. companies, or a biomedical scientist introducing groundbreaking research already adopted abroad.
3. Is there an element of urgency or high national importance?
USCIS also considers whether the applicant’s work addresses issues of pressing national importance or time sensitivity — for example, contributions in fields such as public health, climate change, cybersecurity, or national defense.
When there is a clear urgency to allow the applicant to continue their work in the U.S. without delay, this becomes a strong argument in favor of waiving the labor certification (PERM) process. The reasoning is that requiring a job offer and going through the months-long PERM procedure could delay the applicant’s ability to contribute, potentially hindering progress in areas that are critical to U.S. national interests.
In other words, if the person’s immediate involvement or continued presence in the U.S. could have a direct and significant impact on national priorities, USCIS may determine that the national interest is better served by approving the waiver rather than waiting for the standard labor market test.
Documentation you need
There is no specific documentation relevant for this part, we referred to the documentation that has already been provided, and good legal arguments.
USCIS may push back if:
Your work seems replaceable by U.S. workers through the normal labor certification process.
The evidence doesn’t show urgency or national importance.
How to overcome that:
Emphasize why your contributions go beyond what a typical job posting could capture.
Provide independent expert testimony linking your work to U.S. priorities.
Show that the country benefits more from waiving the requirement than from keeping it.
If you are not ready yet:
Frame your work in terms of why it cannot be limited to one employer. For example, entrepreneurs or researchers who need flexibility to collaborate widely.
Engage in projects that have a clear public benefit rather than purely private commercial gain.
Document instances where labor certification would be impractical (e.g., your role spans multiple institutions, or your endeavor doesn’t fit a single job description).
Position your contributions as solving urgent U.S. needs, so that delaying them through the labor certification process would harm the country’s interests.
Processing times
Processing times for EB-2 NIW petitions depend on both USCIS adjudication and the visa bulletin cut-off dates, which vary by country of birth. All countries face a backlog, though the length differs significantly. These dates change monthly in the Department of State’s Visa Bulletin (see the most recent here).
All countries except India and China: Currently face a backlog
India and China: Have the longest backlog, with many years of waiting.
Applicants should monitor the Visa Bulletin monthly to understand when they may be eligible to proceed with adjustment of status or consular processing.
Final thoughts
The EB-2 NIW is a powerful pathway to permanent residency for professionals whose work serves the national interest of the United States. Unlike traditional employer-sponsored routes, the NIW rewards individuals who demonstrate both exceptional qualifications and the potential to contribute significantly to the country.
Success in this category requires more than credentials—it requires telling a clear and well-documented story about why your work matters to the United States. Applicants should focus on demonstrating merit, positioning themselves as capable of advancing their field, and proving that their contributions are valuable at a national scale.
With strong evidence and careful preparation, the EB-2 NIW can provide a valuable pathway for skilled professionals to obtain permanent residency in the U.S.
